State Codes and Statutes

Statutes > North-carolina > Chapter_113 > GS_113-187

§ 113‑187.  Penalties for violations ofSubchapter and rules.

(a)        Any person who participates in a commercial fishingoperation conducted in violation of any provision of this Subchapter and itsimplementing rules or in an operation in connection with which any vessel isused in violation of any provision of this Subchapter and its implementingrules is guilty of a Class A1 misdemeanor.

(b)        Any owner of a vessel who knowingly permits it to be used inviolation of any provision of this Subchapter and its implementing rules isguilty of a Class A1 misdemeanor.

(c)        Any person in charge of a commercial fishing operationconducted in violation of any provision of this Subchapter and its implementingrules or in charge of any vessel used in violation of any provision of thisSubchapter and its implementing rules is guilty of a Class A1 misdemeanor.

(d)        Any person in charge of a commercial fishing operationconducted in violation of the following provisions of this Subchapter or thefollowing rules of the Marine Fisheries Commission; and any person in charge ofany vessel used in violation of the following provisions of the Subchapter orthe following rules, shall be guilty of a Class A1 misdemeanor. The violationsof the statute or the rules for which the penalty is mandatory are:

(1)        Taking or attempting to take, possess, sell, or offer forsale any oysters, mussels, or clams taken from areas closed by statute, rule,or proclamation because of suspected pollution.

(2)        Taking or attempting to take or have in possession aboard avessel, shrimp taken by the use of a trawl net, in areas not opened toshrimping, pulled by a vessel not showing lights required by G.S. 75A‑6after sunset and before sunrise.

(3)        Using a trawl net in any coastal fishing waters closed byproclamation or rule to trawl nets.

(4)        Violating the provisions of a special permit or gear licenseissued by the Department.

(5)        Using or attempting to use any trawl net, long haul seine,swipe net, mechanical methods for oyster or clam harvest or dredge in designatedprimary nursery areas. (1965, c. 957, s. 2; 1973, c. 1102; c. 1262, ss. 28, 86; 1977, c. 771,s. 4; 1979, c. 388, s. 5; 1987, c. 641, s. 6; c. 827, s. 98; 1989, c. 275, s.2; 1993, c. 539, s. 839; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑400, s.4.1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_113 > GS_113-187

§ 113‑187.  Penalties for violations ofSubchapter and rules.

(a)        Any person who participates in a commercial fishingoperation conducted in violation of any provision of this Subchapter and itsimplementing rules or in an operation in connection with which any vessel isused in violation of any provision of this Subchapter and its implementingrules is guilty of a Class A1 misdemeanor.

(b)        Any owner of a vessel who knowingly permits it to be used inviolation of any provision of this Subchapter and its implementing rules isguilty of a Class A1 misdemeanor.

(c)        Any person in charge of a commercial fishing operationconducted in violation of any provision of this Subchapter and its implementingrules or in charge of any vessel used in violation of any provision of thisSubchapter and its implementing rules is guilty of a Class A1 misdemeanor.

(d)        Any person in charge of a commercial fishing operationconducted in violation of the following provisions of this Subchapter or thefollowing rules of the Marine Fisheries Commission; and any person in charge ofany vessel used in violation of the following provisions of the Subchapter orthe following rules, shall be guilty of a Class A1 misdemeanor. The violationsof the statute or the rules for which the penalty is mandatory are:

(1)        Taking or attempting to take, possess, sell, or offer forsale any oysters, mussels, or clams taken from areas closed by statute, rule,or proclamation because of suspected pollution.

(2)        Taking or attempting to take or have in possession aboard avessel, shrimp taken by the use of a trawl net, in areas not opened toshrimping, pulled by a vessel not showing lights required by G.S. 75A‑6after sunset and before sunrise.

(3)        Using a trawl net in any coastal fishing waters closed byproclamation or rule to trawl nets.

(4)        Violating the provisions of a special permit or gear licenseissued by the Department.

(5)        Using or attempting to use any trawl net, long haul seine,swipe net, mechanical methods for oyster or clam harvest or dredge in designatedprimary nursery areas. (1965, c. 957, s. 2; 1973, c. 1102; c. 1262, ss. 28, 86; 1977, c. 771,s. 4; 1979, c. 388, s. 5; 1987, c. 641, s. 6; c. 827, s. 98; 1989, c. 275, s.2; 1993, c. 539, s. 839; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑400, s.4.1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_113 > GS_113-187

§ 113‑187.  Penalties for violations ofSubchapter and rules.

(a)        Any person who participates in a commercial fishingoperation conducted in violation of any provision of this Subchapter and itsimplementing rules or in an operation in connection with which any vessel isused in violation of any provision of this Subchapter and its implementingrules is guilty of a Class A1 misdemeanor.

(b)        Any owner of a vessel who knowingly permits it to be used inviolation of any provision of this Subchapter and its implementing rules isguilty of a Class A1 misdemeanor.

(c)        Any person in charge of a commercial fishing operationconducted in violation of any provision of this Subchapter and its implementingrules or in charge of any vessel used in violation of any provision of thisSubchapter and its implementing rules is guilty of a Class A1 misdemeanor.

(d)        Any person in charge of a commercial fishing operationconducted in violation of the following provisions of this Subchapter or thefollowing rules of the Marine Fisheries Commission; and any person in charge ofany vessel used in violation of the following provisions of the Subchapter orthe following rules, shall be guilty of a Class A1 misdemeanor. The violationsof the statute or the rules for which the penalty is mandatory are:

(1)        Taking or attempting to take, possess, sell, or offer forsale any oysters, mussels, or clams taken from areas closed by statute, rule,or proclamation because of suspected pollution.

(2)        Taking or attempting to take or have in possession aboard avessel, shrimp taken by the use of a trawl net, in areas not opened toshrimping, pulled by a vessel not showing lights required by G.S. 75A‑6after sunset and before sunrise.

(3)        Using a trawl net in any coastal fishing waters closed byproclamation or rule to trawl nets.

(4)        Violating the provisions of a special permit or gear licenseissued by the Department.

(5)        Using or attempting to use any trawl net, long haul seine,swipe net, mechanical methods for oyster or clam harvest or dredge in designatedprimary nursery areas. (1965, c. 957, s. 2; 1973, c. 1102; c. 1262, ss. 28, 86; 1977, c. 771,s. 4; 1979, c. 388, s. 5; 1987, c. 641, s. 6; c. 827, s. 98; 1989, c. 275, s.2; 1993, c. 539, s. 839; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑400, s.4.1.)